Success

Since 1991, our attorneys have recovered more than $300 million in settlements and verdicts for our clients.

DWI Violation Dismissed

In August of 2010, Garces & Grabler’s Criminal and Traffic Defense Unit defended T.P. against DWI allegations in a Municipal Court within Middlesex County. As a striving chef caring for his ailing mother, T.P. was adamant that he simply could not afford a DWI conviction and urged the Law Offices of Garces & Grabler to utilize all of its resources to aggressively defend him from these charges. With a Breath Test reading of almost 3x the legal limit (.22), this office concluded that the weaker case for the State based on the facts was the “operation” element of the statute, as the Defendant was discovered legally parked in the lot of a strip mall asleep in his car with the engine running. A Motion to Suppress initially briefed by Jonathan A. Kessous, Esq. of the DWI Defense Unit was submitted in July 2010 with respect to the Defendant’s operation and intent to operate his motor vehicle. At the suppression hearing, Joseph Compitello, Esq., also of the Criminal and Traffic Defense Unit, appeared ready to proceed. After extensive conferencing, Mr. Compitello effectively persuaded the Judge, a former prosecutor for many years, that the DWI should be dismissed pursuant to the Defendant’s motion based on current law (including citation to researched unpublished legal decisions) and the facts of the case. Despite the Defendant’s breath test readings being almost 3x the legal limit, the DWI violation was dismissed, saving T.P. easily over ten (10) thousand dollars in customary court fines, lost revenues from extensive loss of driving privileges that could have been up to a year, surcharges to the DMV, and increased insurance premiums.

Sexual Assault Charge Dismissed

In July of 2010, Joseph J. Compitello, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler represented K.M., accused of Second Degree Sexual Assault in Mercer County Superior Court. At the first bail hearing in November 2009, Joseph J. Compitello, Esq. was able to convince Judge Robert Billmeier to reduce the bail to the minimum of $50k, thereby allowing K.M.’s family to post bail to get K.M. home. After six (6) months of intense negotiations, Defense Counsel and the Mercer County Prosecutor’s Office negotiated a plea agreement whereby the Defendant would plead guilty to a 3rd Degree Endangering the Welfare of a Child with the remaining charge of Sexual Assault being dismissed. Ultimately, the Defendant was sentenced to a Non-Custodial Term of three (3) years Probation with no Megan’s Law or Community/Parole Supervision for Life requirements. K.M. originally faced up to ten (10) years in prison on the original charges, along with the brutal stigmas of a Megan’s Law classification and Community/Parole Supervision for Life.

Filming without Authorization Charges Dismissed

In July of 2010, Pasquale O. Vella, Esq. represented “J.L.” in Newark Municipal Court. “J.L.” a well-known professional photographer who has a continuing affiliation with the likes of MTV, VH-1, WEtv, Oxygen and Playboy was accused of committing an act of Filming without Authorization on the New Jersey Turnpike. While these charges may not be of a critical nature to most people, “J.L.” was subject to background checks by the aforementioned cable television networks. A conviction of this nature could have resulted in severe sanctions against his production company as well as been devastating to his future employment opportunities.

“J.L.” was accused of taking photographs of the Newark Skyline for commercial purposes. In truth, “J.L.” was in the process of conducting a subject test with his new equipment. At the pre-trial conference, Mr. Vella was able to persuade the Municipal Prosecutor to dismiss the charges against “J.L.” Mr. Vella explained that, although “J.L.” did not obtain the proper permits to engage in the act of filming from the Executive Director of the New Jersey Turnpike Authority, he has the Certificate to Conduct Business from the State of New Jersey and Certificate of Liability Insurance and thus, had proper documentation to engage in such acts so long as the photographs were not used for commercial gain. The Honorable Vanessa Williams-Powell, J.M.C. granted Mr. Vella’s motion to dismiss the aforementioned charge. This negotiation was a direct result of the development of mutual respect and good will with the Prosecutor’s Office and the Court over a period of years, as the Court is directly across the street from our Garces & Grabler Newark Office.

Alcohol Charges Dismissed

Pasquale O. Vella, Esq. represented “J.C.” in Newark Municipal Court. “J.C.” was accused of committing an act of public consumption of alcohol. While these charges may not be of a critical nature to most people, “J.C” was subject to background checks by her employer periodically. A conviction of this nature could have been devastating to her employment opportunities. At trial, Mr. Vella vigorously and successfully argued the complaint should be dismissed due to a legal technicality. Mr. Vella cited New Jersey Court Rule 7:2-1 during his oral argument and stated the complaint was unconstitutionally vague. Despite vigorous objection by the Municipal Prosecutor, The Honorable Bahir Kamil, J.M.C. granted Mr. Vella’s motion and the aforementioned charge was dismissed.

Charges Dismissed Against Out-of-State CDL Driver

In July of 2010, Pasquale O. Vella of the Law Offices of Garces & Grabler, P.C. represented “K.F.,” a CDL Driver from the State of North Carolina in Newark Municipal Court. “K.F.” was accused of Driving a Commercial Vehicle in a Public Park, an offense punishable by a monetary penalty, motor vehicle points and possible suspension of driving privileges. Despite the fact K.F. made an incriminating statement to the Essex County Sheriff, who cited him for the violation, and was presumed guilty under the language of the statute, Mr. Vella set the matter down for trial. On the date of trial, Mr. Vella successfully petitioned The Honorable Dion J. Williams, J.M.C. to grant his Motion to Dismiss for Lack of Prosecution. As a result of Mr. Vella’s Motion to Dismiss, “K.F.” avoided the mandatory monetary penalty, motor vehicle points, suspension of driving privileges and termination of employment with a major freight company.

Defendant Found “Not Guilty” on DWI Charges

In July of 2010, Jonathan Kessous, Esq., defended Ryan J. against DWI allegations. As a financial executive for a major banking institution, such a conviction could have had a critical impact on Mr. J's employment. Despite the position of the State that the Blood Alcohol Content level indicated that the Defendant was per se, or "presumed guilty" of driving while intoxicated, the readings were ultimately excluded after intense litigation by this office. Mr. J. was found to be “not guilty” of the offense after a comprehensive trial where Mr. Kessous vigorously cross-examined the Union County Sherriff Officer that issued the summons against Mr. J. It was through this successful cross-examination alone that Mr. Kessous persuaded the Court that the State failed to meet its burden of proof against the Defendant.

Careless Driving Charges Lessened to Fine

In July of 2010, Jonathan A. Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler Law Offices represented F.M. in a municipality in Middlesex county. Jesus C. was charged with leaving the scene of an accident and careless driving. If convicted, Mr. C. would have his driving privileges suspended for at least six (6) months and obtained two (2) points on his license. As a Commercial Driver of trucks, such consequences to his CDL would have resulted in termination of his employment. An extensive investigation was effectuated by law enforcement, including obtaining a statement from Mr. C's own dispatcher that Mr. C was the only person authorized to have possession of the vehicle during the accident time frame. As a result of a long-standing relationship built over a decade with that court, Mr. Kessous was able to persuade the State to amend the charges to a total fine of $228 with no loss of driving privileges and no motor vehicle points, allowing the Defendant to continue his employment. Our office also had the plea allocution sealed for his protection should Mr. C. be sued in civil court.

Driving Charges Amended, Penalties Avoided

July 2010 - Jonathan Kessous, Esq. of the Criminal and Traffic Defense Section of Garces & Grabler represented Bobby D., an older gentleman wracked with pain as a result of several disabilities. Approximately 1 month earlier, Mr. D. was found guilty of operating his Motor vehicle while suspended for a second time in a particular Middlesex County Municipal Court and was suspended by the Judge from driving for months under a warning of a ten (10) day jail sentence. Mr. D. was facing a mandatory ten (10) days in jail, $1000 fine, nine (9) insurance points, and an additional six (6) months loss of his driving privileges. He was caught driving in the same town during the suspension period and wound up in front of the very same Judge, but with Garces & Grabler counsel this time. As a result of over a decade of experience working with that court, this firm was able to persuade the prosecutor and then the judge to amend the charge to operating with an expired license, thereby avoiding the aforementioned, typically mandatory, penalties and save him from further debilitating injuries that may have resulted from incarceration.

Driving While Suspended Charges Amended

June 2010 - Jonathan Kessous, Esq. of the Criminal and Traffic Defense Section of Garces & Grabler represented Carl H., a career FedEx employee charged in a small Municipal Court in Somerset County with Driving While Suspended. Mr. H. had already previously been convicted twice (2), and his record also indicated three (3) prior similar accusations which were amended to lesser charges. Mr. H. was facing a mandatory ten (10) days in jail, $1000 fine, nine (9) insurance points, and an additional six (6) months loss of his driving privileges. In no uncertain terms, he was facing termination from his employment and it appeared he had more than expended any “breaks" from the State. Nonetheless, as a result of over a decade of experience working with that court, this firm was able to persuade the prosecutor and then the judge to amend the charge to operating with an expired license, thereby avoiding the aforementioned, typically mandatory, penalties and save his employment.

DWI Breath Test Excluded

June 2010 - Jonathan A. Kessous, Esq. represented two (2) Defendants for their respective DWI accusations in the Newark Municipal Court. Despite their breath test readings being almost 2x the legal limit, this defense firm extensively litigated the issue of the reliability of the readings. Ultimately, the readings were excluded, saving an additional four (4) months of suspension of driving privileges as well as what should have been a mandatory interlock breath test machine installed in one of the defendant's vehicle.

Charges Amended to Non-Criminal

June 2010 - Jonathan Kessous, Esq. of the Law Offices of Garces & Grabler represented a young man, Joaquin S. for very serious criminal allegations in a municipal court in Middlesex County. During a bar fight, Mr. S. removed his belt and began to use it as a weapon to defend himself. When he was arrested by police, in a fit of rage, he kicked in the patrol car cage and interior. As Mr. S. is not a U.S. citizen, he could have been facing immigration consequences for any criminal conviction. This office routinely defends those accused of criminal offenses who have potential immigration consequences as permanent residents but non-citizens, or even illegal aliens who hope to one day adjust their status. This defense firm was able to have the charges amended to a non-criminal township ordinance for merely being too loud in a public place, where only a moderate fine was assessed.

Charges Downgraded

In June of 2010, Jonathan Kessous of the law offices of Garces & Grabler represented Carl H. in a Municipal Court within Somerset County. Mr. H. was accused of Driving While Suspended for a 3rd offense; a conviction resulting in a mandatory 10 days jail and up to an additional 6 months additional loss of driving privileges. Furthermore, Mr. H. had already been able to obtain downgrades to avoid a 3rd offense on at least three (3) prior occasions according to the prosecutor’s review of the abstract. Nonetheless, Mr. Kessous persuaded the prosecutor that a jail sentence would result in termination of Mr. H’s employment with a major freight company, and that the State still had not provided certain proofs of notice for the suspension generated by the Motor Vehicle Commission. Ultimately, the charge was downgraded to operating w/ expired privileges, belaying the jail sentence, loss of license, and thousands of dollars in surcharges and increased insurance expenses.

Loss of License Avoided

In June of 2010, Jonathan Kessous of the law offices of Garces & Grabler represented Andre D. in the Newark Municipal Court. Mr. D. was accused of operating a motor vehicle without the requisite insurance liability coverage, an offense punishable by a mandatory full year suspension of his driving privileges, even on a 1st offense. Despite the fact the he was presumed guilty under the law as he was both the owner and operator of the vehicle at the time of the stop, Mr. Kessous was able to persuade the prosecutor to amend the charges to mere document violations that did not require any loss of license or carry any points or surcharges. This negotiation was a direct result of the development of mutual respect and good will with the Prosecutor’s Office and the Court over a period of years, as the Court is located directly across the street from our Garces & Grabler Newark office.

Alcohol Charges Dismissed

In June of 2010, Jonathan Kessous of the law offices of Garces & Grabler represented J.J. in the East Orange Municipal Court. Mr. J. was accused of public consumption of alcohol and possessing an open container of alcohol. While these charges may not be of a critical nature to most people, Mr. J., as a major hospital in Northern New Jersey employee, was subject to background checks. Convictions of this nature could have been devastating to his employment. After extensive negotiation, Mr. Kessous was able to persuade the prosecutor to dismiss and/or amend all charges that related in any way to alcohol.

$300,000 Settlement Obtained – Landscaper Bitten by Dog

Kevin S. Riechelson, Managing Attorney for the Trenton office of the law firm of Garces & Grabler, P.C., obtained an insurance settlement of $250,000 (plus $50,000 for medical bills and lost wages) on behalf of Giovanni Rivera. Mr. Rivera, age 42, was a member of a landscaping crew that was hired to work at the Princeton Township estate of Guy and Elizabeth James in June 2007. The crew was told to arrive early because there was going to be a party that day. Mr. James denied that he made such a request. When the men arrived at the estate, they were told to stay in the car so the owners 6 German Shepherds could be taken to the back and fed. After waiting in the car for about 15 minutes, the men began to get out of the car. As they were attempting to start their work, the dogs came around the side of the house toward the landscapers. Congo, the largest of the dogs, then attacked Mr. Rivera. Congo’s four younger pups joined in the attack and Mr. Rivera was bitten from his legs to the top of his head, and sustained serious injuries that eventually required surgery. Mrs. James was unable to control the dogs, and they did not stop their attack until Mr. James came outside. Mr. Rivera received 65 rabies shots and underwent a 3 hour operation for a large open wound on his leg. He was hospitalized for five days. In October 2007, the James’ homeowner’s insurance company agreed to settle the case for $250,000.00 for Mr. Rivera’s pain, suffering and permanent injuries. They paid an additional $50,000 towards his medical bills and lost wages.

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Guilty Verdict Overturned

Mr. Marius M. was previously convicted in Union County at trial with alternate counsel and sentenced to State prison for the crime of an Aggravated Sex Assault on a Minor. While serving in State Prison, the Law Offices of Garces & Grabler were retained to investigate and prepare a Post-Conviction Relief Application, which eventually resulted in overturning the verdict and the re-trial in September of 2009.

At that time, Michele Labrada, Esq. of the Law Offices of Garces & Grabler ended the three- (3) week trial of alleged aggravated sexual assault charges, among other serious criminal allegations, to a winning conclusion. With the background assistance of the rest of the Criminal Defense Team, Ms. Labrada utilized almost twenty (20) years of exclusively criminal defense trial experience to mount a winning defense to the sixteen counts alleged in the indictment in Union County Superior Court. Instead of the forty- (40) year prison term sought by the prosecutor after previous convictions with a different attorney, this defense unit fought to reduce these false, unsubstantiated allegations to dismissals and a “NOT GUILTY” verdict. With a piercing knowledge of the law and a clear framework on strategy based on the facts of the case, the best verdict for our client resulted directly from the collaboration of the Garces & Grabler Criminal Defense Team.

2nd Offense DWI Sentenced To Three-Month Suspension

The Traffic Defense Team of the Law Offices of Garces & Grabler, P.C. represented a client accused of a 2nd Offense DWI violation arising out of a motor vehicle accident in Irvington, New Jersey. The Defendant, John W., was exposed to a mandatory 2-year loss of his driving privileges as well as 2 to 90 days in the Essex County Jail. While DWI cases are ordinarily mandated by the Courts to be resolved within sixty (60) days from the date of violation, highly technical supplemental discovery demands and motions to exclude the State’s proffered breath test results (nearly twice the legal limit), prepared by Jonathan Kessous, Esq. and Joseph Compitello, Esq. of this office, extended the case to twice the allotted time period. After pre-trial conferencing with three (3) separate Municipal Prosecutors, Pasquale Vella, Esq. of this office then effectively utilized the leverage obtained from the prepared applications to procure a plea agreement where John W. plead guilty to his 2nd DWI Offense to be treated as a 1st offense, with no admissible breath test readings, resulting in only a 3-month suspension of his driver’s license and the mandatory minimum monetary 1st offense fines and penalties.

All Charges Dismissed in Superior & Municipal Court Case

Michele Labrada, Esq. represented a client accused of 2nd Degree Aggravated Assault, 2nd Degree Burglary and two (2) separate Misdemeanor charges of Criminal Mischief and False Imprisonment in Union County Superior Court. The Defendant, “S.D.”, was initially accused of breaking into an apartment complex, detaining his ex-girlfriend by causing bodily injury and causing damage to personal property. Michele Labrada, Esq. filed significant pre-trial motions, which demonstrated certain flaws in the State’s case. Essentially, Ms. Labrada argued certain elements could not be satisfied beyond a reasonable doubt. As a result, the 2nd Degree Burglary and False Imprisonment charges were administratively dismissed. In addition, Ms. Labrada was successful in convincing the Union County Prosecutor’s Office to amend the 2nd Degree Aggravated Assault charge to a Simple Assault. Lastly, Ms. Labrada had the remaining charges remanded to Elizabeth Municipal Court for adjudication.

After four months of extensive pre-trial conferencing, Pasquale Vella, Esq. negotiated a plea agreement with the Elizabeth Municipal Prosecutor whereby the remaining charges of Simple Assault and Criminal Mischief would be dismissed contingent on the Defendant’s payment of restitution in the amount of three hundred ($300.00) dollars. Mr. Vella vigorously argued that the injury sustained by the alleged victim was actually caused in part by her. This fact was reinforced by the alleged victim’s statement to law enforcement and the Elizabeth Prosecutor’s Office. Mr. Vella stated his client was entitled to the benefit of a plea deal based on his clean criminal history and the fact the alleged victim signed an affidavit of no prosecution previously prepared by this firm.

Defendant, “S.D.”, originally faced up to 10 years in Prison on the original charges; however, through the collaborative efforts of Ms. Labrada and Mr. Vella all charges were dismissed.

All Charges Dismissed in Superior & Municipal Court Case

Pasquale O. Vella, Esq. represented a client accused of 3rd Degree Terroristic Threats, 3rd Degree Possession of a Weapon for Deadly Purpose, 4th Degree Unlawful Possession of a Weapon and Simple Assault in Union County Superior Court. The Defendant, Annette B., was initially accused of stabbing her estranged husband with a butcher knife during a domestic dispute. Despite the victim’s statement and graphic pictures, Mr. Vella convinced the Union County Prosecutor’s Office to remand the case to the Linden Municipal Court.

After five months of pre-trial motions, Mr. Vella successfully negotiated a plea agreement with the Linden Municipal Prosecutor whereby all charges would be dismissed. Mr. Vella was able to point out substantial flaws in the State’s case, including but not limited to, an inconsistent statement given by the alleged victim, an independent account of the alleged incident by a third party witness and how the alleged wound was previously sustained by the victim.

Defendant originally faced up to 5 years in Prison on the original charges and subsequent Deportation proceedings.

Driving Charges Reduced — Client’s Driving Privileges Saved

Pasquale O. Vella of the Law Offices of Garces & Grabler, P.C. represented a client accused of 3rd Offense Driving While Suspended, 2nd Offense Driving With No Liability Insurance and Driving with a Suspended Registration in Linden Municipal Court. The Defendant, Mallory P., was placed on the Department of Motor Vehicles’ Revoked List due to his failure to pay insurance surcharges. In addition, the Defendant was unable to procure Liability Insurance until two (2) months after the date of the alleged violation. After an extensive and intense pre-trial conference, Mr. Vella and the Linden Municipal Prosecutor’s Office negotiated a plea agreement whereby the Defendant would plea guilty to three (3) amended downgrades of Failure to Exhibit Driver’s License, Registration and Insurance Card.

At Sentencing before The Honorable Louis M.J. DiLeo, J.M.C., Mr. Vella argued the Honorable Court should only impose a monetary fine and spare the Defendant a Suspension of his Driving Privileges and Jail Time. Mr. Vella stated the Defendant had no prior criminal history, is gainfully employed and is the primary provider for his family. Ultimately, The Honorable Louis M.J. DiLeo, J.M.C. agreed with the argument of Mr. Vella and sentenced the Defendant to a monetary fine only. Mr. Vella further convinced the Honorable Court to impose the mandatory minimums leading to a total fine of five hundred forty ($540.00) dollars.

Defendant originally faced up to twenty four (24) days in Prison, two and one half (2 ½) years Suspension of his Driving Privileges and a fine of six thousand ($6,000.00) dollars on the original charges.

Assault Charge Dismissed

In April of 2010, Jonathan Kessous of Garces & Grabler successfully represented a Defendant in a Municipal Court in Mercer County charged with Assault by a civilian complainant as a result of a neighborhood dispute. The Defendant’s initial inclination was to plead guilty to a criminal offense that he did not commit due to his fear of possible immigration consequences. Mr. Kessous, along with co-counsel per diem and additional counsel, persuaded the municipal prosecutor that the defendants were, in fact, the victims of the civilian complainants violent physical attack; an attack apparently fueled by racism against Latin Americans.

Mr. Kessous even persuaded the municipal prosecutor to have the county prosecutor’s office review the civilian’s criminal record; a record that Mr. Kessous discovered was rife with prior violent offense convictions. Along with photos and the medical records depicting the beating suffered at the hands of the civilian neighbor, the Municipal Prosecutor agreed to forward the matter to the county prosecutor to consider indictable charges against the civilian complainant following the dismissal of his baseless charges against our client.

Sentence Reduced

Pasquale O. Vella of the Law Offices of Garces & Grabler, P.C. represented a client accused of Possession of a Controlled Dangerous Substance (Cocaine), Possession of Drug Paraphernalia, Possession of a Controlled Dangerous Substance in a Motor Vehicle, 2nd Offense Driving While Suspended, Failure to Give Proper Turn Signal and 2nd Offense Violation of Probation in Belleville Municipal Court. After four (4) months of intense litigation, Pasquale O. Vella, Esq. and the Belleville Municipal Prosecutor’s Office negotiated an extensive all encompassing plea agreement whereby the Defendant, Leonard L. would plea guilty to Possession of Drug Paraphernalia, Driving While Suspended and Violation of Probation with the remaining charges being dismissed.

Continue reading article Defendant Sentenced to Sixty (60) Days Delaney Hall on Drug and Violation of Probation Case

Driving Charges Reduced

In April 2010, Jonathan Kessous of this office represented a client out of the Cranbury/Plainsboro Municipal Court for the serious offenses of a 3rd offense Driving with a Suspended license and Driving without Insurance. Her exposure was a minimum/mandatory 1 to 18 months additional suspension, 10 days in jail, and thousands of dollars in insurance surcharges and increased insurance expenses.

Despite overwhelming evidence against her, Mr. Kessous was able to resolve the matter to 2 counts of failure to exhibit a license and insurance cards and a minor, 2-point moving violation.

Driving Privilege Suspension Reduced

In April, 2010, Jonathan Kessous of this office represented a client in a Motor Vehicle Commission hearing objecting to an initial Driver’s license suspension recommendation of 180 days for operating a motor vehicle during a suspension period. The Defendant previously entered a guilty plea in municipal court without an attorney, representing himself. As a result of Mr. Kessous’ efforts, the suspension time was negotiated from 180 days to only 15 days loss of driving privileges. As a result of this resolution, the client was able to save his employment which required traveling extensive distances to and from his home.

Driving Charges Dismissed

In March of 2010, Jonathan Kessous of this office successfully represented a prior workers’ compensation client in the Woodbridge Municipal Court for a 3rd offense violation of Driving with Suspended license privileges, Mark D. He was susceptible to 6 months additional loss of his driving privileges, thousands of dollars in fines, assessments, surcharges, and increased insurance costs as well as a mandatory 10-day jail sentence. The client initially was inclined to proceed pro se. Concerned for our client, we persuaded him to allow us to represent him. Ultimately, we obtained a complete dismissal of the charges based on the State’s inability to timely produce certified MVC proofs of timely Notification of the suspension.

Driving Penalty Reduced

In March of 2010, Jonathan Kessous of this office represented a client accused of Driving with Suspended Driving Privileges, James J., in a municipal court in Somerset County. As a 5th offender, Mr. J was susceptible to thousands of dollars in fines, assessments, insurance surcharges, and increased insurance expenses, an additional 6 month suspension, and a mandatory 10 days jail. Despite the difficulties with the case, Mr. Kessous was able to resolve the matter to a negotiated plea to a minor document violation of failure to produce a license. This penalty carried only a fine of $183.

Motor Vehicle Charges Reduced

In March of this year, Pasquale Vella of this firm represented a NJ Transit bus driver in a municipal court in Middlesex County. Our client was charged with leaving the scene of an accident while operating her bus as well as a 4-point ticket of improper passing. Aside from the points violation, a conviction for leaving the scene of a motor vehicle accident would have resulted in a mandatory 6 month loss of her driving privileges, along with a probable termination from her employment.

Despite witness statements, Mr. Vella successfully negotiated these devastating charges to a mere failure to report the accident which carried only a $139 fine and a 2-point violation. Our client’s employment was secured.

$167,500 Settlement Obtained in Sidewalk Fall-Down Case

Alan Grening, a senior associate with the firm, obtained this settlement on behalf of a 55-year-old man. The man fractured both arms and required surgery. In addition, he also had other serious medical conditions unrelated to this trip and fall. The sidewalk was raised by tree roots growing underneath. There was no shade tree commission in the town where the injury occurred.

Researching the matter, Mr. Grening located case law placing responsibility for maintenance on commercial property owners. The problem was that the exact spot where the injury occurred was on the border of two different property owners and both denied ownership and responsibility. Suit was filed against both property owners and the insurance carriers for both property owners denied the claim. However, prior to trial, one of the store owners applied for a permit to repair that portion of the sidewalk. The insurance carrier for that property owner was forced to admit the owner of that store did in fact own the property bordering the raised sidewalk and conceded liability, settling the claim for $167,500.

$63,500 Jury Verdict — Contested Liability and Damages

This case, handled by Alan Grening, involved moderate injuries sustained by a 32-year-old man and his 12-year-old son who were passengers in a taxi when it collided with another vehicle at an intersection in Perth Amboy. The insurance companies for both the taxi and the car disputed fault and, in addition, took the position that the father's injuries were not related to this collision because he had sustained similar back injuries in two prior accidents. The son had very limited chiropractic treatment. Since neither insurance company was willing to voluntarily settle, Alan took this case to trial in Middlesex County and liability and damage issues were decided by a jury.

Despite several obstacles, Mr. Grening obtained a substantial verdict. A major reason was that Mr. Grening, upon cross-examination of one of the defendant's expert witnesses, a neurosurgeon, got the doctor to admit under oath that he never reviewed the father's MRI films and chiropractor's report and the doctor also admitted that he did not review the medical records of the 12-year-old son.

2nd Offense DWI Found Not Guilty at Trial

Pasquale O. Vella of the Law Offices of Garces & Grabler, P.C. represented a client accused of a 2nd Offense DWI violation in Elizabeth, New Jersey. The Defendant, Carlos A., was exposed to a mandatory 2 year loss of his driving privileges as well as 2 to 90 days in the Union County Jail. After 4 months of intense litigation, including but not limited to motions to exclude the State’s proffered breath test results, Mr. Vella prevailed at Trial.

At Trial before The Honorable Richard J. Obuch, J.M.C., Mr. Vella vigorously cross examined both arresting Union County Police Officers exposing substantial flaws in their investigation and arrest of the aforementioned Defendant. Ultimately, The Honorable Richard J. Obuch, J.M.C. found the State did not prove their case beyond a reasonable doubt and found the Defendant Not Guilty of the DWI offense. If convicted by the Elizabeth Municipal Court, the Defendant’s exposure included a Fine of $500-$1000, County Jail from 2 to 90 days, 2 year loss of his driving privileges, Ignition Interlock Device from 1 to 3 years, 6 to 48 hours at the Intoxicated Driver Resource Center, Revocation of Registration for 2 years and Automobile Insurance Surcharges of $1000 for a period of 3 years.

Defendant Sentenced to Probation on Eluding & Theft Charge

The Law Offices of Garces & Grabler, P.C. represented a client accused of Eluding, Theft of a Motor Vehicle and Resisting Arrest in Middlesex County Superior Court. The Defendant, Fabian R., was initially charged with 2nd Degree Eluding, 3rd Degree Theft of a Motor Vehicle and 4th Degree Resisting Arrest. After 10 months of intense litigation including a variety of motions, Defense Counsel and the Middlesex County Prosecutor’s Office negotiated a plea agreement whereby the Defendant would plea guilty to Eluding amended to a 3rd Degree and 3rd Degree Theft of a Motor Vehicle with the remaining charge of Resisting Arrest being dismissed.

Prior to the sentencing, a comprehensive sentencing memorandum was prepared by Pasquale Vella, Esq., of this office. At sentencing before The Honorable Dennis Nieves, J.S.C., Mr. Pasquale Vella, Esq., of this office vigorously argued that Defendant suffered from mental illness and chemical dependency which although did not rise to the level of an affirmative defense substantially impaired the Defendant’s judgment and mental capacity. In addition, Mr. Vella argued there were significant measures in place to ensure the criminal offense would remain an isolated incident. Ultimately, The Honorable Dennis Nieves, J.S.C. agreed with the argument of Mr. Vella and sentenced the Defendant to a Non-Custodial Term of 5 years Probation.

Defendant originally faced up to 10 years in Prison on the original charges. The plea deal negotiated by Defense Counsel and the Middlesex County Prosecutor’s Office allowed The Honorable Dennis Nieves, J.S.C. to sentence the Defendant in the range of 3 to 5 years. The State was requesting at least 180 days commitment in the Middlesex County Correctional Facility at the time of sentencing.

False Document Charges Dismissed

Joseph Compitello represented a client charged initially with the 3rd Degree Felony of Uttering a False Government Document. At Mercer County Superior Court, Mr. Compitello presented evidence drawing doubt in the State’s ability to prove that the Defendant knew or should have known that the document was false. As a consequence, after the initial PIC hearing, the Mercer County Prosecutor’s Office downgraded the indictable offense to the Disorderly Person’s Offense under the same name.

After a trial in front of the Honorable Paul Catanese, Presiding Municipal Court Judge of Mercer County, of Lawrence Municipal Court and a vigorous cross examination of the arresting officer, Defendant’s motion to dismiss the charges was granted. If convicted at the Superior Court level, Defendant’s exposure was 5 years of State Prison and deportation by INS.

2nd Offense DWI Charges Dropped

Jonathan Kessous of the Law offices of Garces & Grabler represented a client accused of a second offense DWI violation. The Defendant, Marvin P., was exposed to a mandatory 2-year loss of his driving privileges as well as 2-90 days in the Mercer County jail. After over 18 months of intense litigation, including but not limited to motions to exclude the state proffered breath test results that were almost 2x the legal limit and a motion to dismiss the proceedings, the DWI violation was ultimately dismissed, saving the Defendant from the penalties of a 2nd offense DWI as well as thousands of dollars in increased insurance expenses and surcharges.

2nd Offense DWI Charges Dropped

Michael Richmond of the Law offices of Garces & Grabler represented a client accused of a second offense DWI violation in Millstone. The Defendant, Craig K., was exposed to a mandatory 2-year loss of his driving privileges as well as 2-90 days in the Mercer County jail. After over 12 months of intense litigation, including but not limited to motions to exclude the state proffered blood test results that were 150% above the legal limit, a motion to change court venue and a motion to dismiss the proceedings, the DWI violation was ultimately dismissed, saving the Defendant from the penalties of a 2nd offense DWI as well as thousands of dollars in increased insurance expenses and surcharges.

$1,475,000 obtained by Kevin Riechelson on behalf of a client

Kevin Riechelson, Managing Attorney of the Trenton office of Garces & Grabler, obtained a settlement of $1,475,000 on behalf of a client for an accident that occurred in Pennsylvania.

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All Charges Dismissed in a 1st Degree Armed Robbery Case

After an extensive identification hearing before the Honorable Joseph Rea, J.S.C., Jonathan Kessous, along with co-counsel for two co-defendants, successfully broke down a key government eyewitness in a 1st degree Armed Robbery case. Furthermore, rigorous cross-examination of the primary investigation officer by Mr. Kessous proved that the State failure to abide by the Attorney General Guidelines recommended for proper and reliable show-up and photo array procedures. If convicted, Garces & Grabler’s client was exposed to 20 years in prison. As a result of the Wade hearing, all charges were subsequently dismissed.

Settlements of $100,000 or more from 2007 to present

Auto Accident

Rearended by a truck — $230,000 in January 2009

Products Liability

Client was injured while cleaning a cement mixing machine — $230,000 in January 2009

Personal Injury

Pedestrian hit by car in a parking lot — $140,000 in January 2009

Workers' Compensation

Client sustained injury to his foot from a wood chipper — $192,500 in October 2008

Auto Accident

Passengers in a car — $245,000

Construction Accident

Worker fell from the roof of a house — $140,000 in August 2008

Construction Accident

A scaffolding plank fell and struck the client — $1,475,000 in July 2008

Construction Accident

Client fell from scaffolding — $225,000 in June of 2008

Auto Accident

$100,000 in November 2007

Dog Bite

$250,000 in October 2007

Construction Accident

Worker fell from a roof — $285,000 in March 2007

Settlement and Jury Verdict Cases:

Settlement for Medical Malpractice (Birth Trauma) — $4,650,000
Settlement for Medical Malpractice (Surgical Error) — $900,000
Settlement for Medical Malpractice (Birth Trauma) — $350,000
Jury Verdict for Rollover Auto Accident — $3,058,000
Settlement for Medical Malpractice (Medication Overdose) — $2,625,000
Settlement for Medical Malpractice (Birth Trauma) — $450,000

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(This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.)